Слике страница
[ocr errors]

1070. Copy of order for foreign jury to be delivered to sheriff. Where an order for a trial by a foreign jury is made, a certified copy thereof must be delivered to the sheriff of the county, from which it is to be drawn; who must give notice thereof to the clerk of that county, and also, in the city and county of New. York, or the county of Kings, to the commissioner of jurors, at least twenty days before the first day of the term, at which the foreign jury is required to attend.

2 B. 8. 410, 10 (2 Edm. 427). See Stryker v. Turnbull, 3 Cal. 103; and President of New Windsor Turnpike Road v. Wilson, id. 127.

§ 1071. Mode of obtaining a foreign jury. The clerk, or, in the county of Kings, the commissioner, to whom the notice is given, must draw the names of twenty-four persons, in the same manner, and in presence of the same officers, as prescribed by law, with respect to ordinary trial jurors; except that notice of the drawing need not be published. A certified list of the names drawn must be delivered to the sheriff, who must notify each person drawn, and make a return, as in an ordinary case,

Id., 11. See Cortelyou v. Van Brundt, 1 Johns. 313.



880. 1072. Fine to be imposed for non-attendance.

1073. Order to show cause, when juror was not personally notified 1074. Id.; if default was at trial term.

1075. Duty of clerk and sheriff.

1076. Proceedings upon return of such order.

1077. When proceedings to cease.

1078. This article not applicable to New-York and Kings counties.

§ 1072. Fine to be imposed for non-attendance. A person duly notified, as prescribed in this title, to attend term of a court of record, as a trial juror, who, without reasonable cause, neglects to attend, according to the notice, shall be fined a sum, not less than ten dollars nor more than twenty-five dollars, for each day that he so neglects to attend.

B. S. 415, 32 (2 Edm. 432), am'd.


1073. Order to show cause, when juror was not personally notified. Where it appears, by the return of the sheriff, that the delinquent was personally noti

fied to attend, the fine may be imposed by the court, at the term which he was required to attend. But where It appears, by the return, that he was notified, by leav. ing the notice at his residence, the court must cause an order to be entered in its minutes, requiring him to show cause, on the first day of the next term of the court, why a fine should not be imposed upon him. 2 B. S. 483, 16 (2 Edm. 505).

S1074. [Amended, 1895.] Id.; if default was at trial term.- If the order is made at a trial term of the supreme court, it may, in the discretion of the court, direct the delinquent to show cause, on the first day of the next term of the county court of the same county.

In effect Jan. 1, 1896; L. 1895, ch. 946.

1075. Duty of clerk and sheriff. The clerk must immediately deliver two certified copies of the order to the sheriff of the county, who must serve one copy on the delinquent personally, and return the other, with his proceedings thereon, to the term at which the delinquent is required to show cause.

id., 18 and 19, consolidated, with amendments.

$1076. Proceedings upon return of such order. If the sheriff returns the copy of the order as personally served, or if the delinquent attends, in obedience thereto, the court must, unless good cause is shown to the contrary, impose the proper fine; otherwise it must make a further order, requiring the delinquent to show cause at the next term, why the fine should not be im posed. The proceedings under such an order are the same as under the first order. Similar orders must be made, from term to term, and similar proceedings taken, until the delinquent is personally served, or attends in obedience thereto.

id., 20

But if it ap

1077. When proceedings to cease. pears, from the return of the sheriff, or from any other evidence, that the juror is dead, or insane, or has permanently removed from the county; or if a satisfactory excuse is rendered by any person, in his behalf, for his default, the court may, in its discretion, discontinue the proceedings.

14., 121.

§ 1078. This article not applicable to New-York and Kings counties.-This article does not apply to the city and county of New-York, or to the county of Kings.


Trial jurors in New-York and Kings counties; mode of selecting them, and of procuring their attendance.

ARTICLE 1. Provisions relating to trial jurors in the city and county ef New-York.

2. Provisions relating to trial jurors in the county of Kings.



Sec. 1079. Qualifications of trial jurors.

1080. Who deemed a resident.

1081. Persons exempt from service.

1082. Evidence of right to exemption in certain cases.

1083. Military officers required to certify to commissioner persons
performing full military duty.

1084. Jury year; length of jury service required and allowed.
1085. When court may temporarily excuse juror from attendance.
1086. In other cases, juror to be excused only on showing certain


1087. Juror applying to court to be excused must produce notice, etc.

1088. Service in a court not of record; when an excuse.

1089. Clerk of court to certify to commissioner as to attendance, excuses, fines, etc., of jurors.

1090. Commissioner of jurors to select trial jurors; his general powers.

1091. Commissioner may appoint assistants, etc.; who may admin

ister oaths.

1092. All public officers required to aid the commissioner.

1093. Expenses of commissioner's office; how pald.

1094. List of jurors to be prepared, etc.; commissioner to decide as to exemptions.

1096. Persons may be required to testify as to juror's liability to serve. Penalty for disobedience.

1096. Commissioner to return lists to county clerk; correction of lists.

1097. Old ballots to be destroyed and new ballots deposited; supplemental lists; new ballots therefor.

1098. Number of jurors to be drawn for each term of court of record 1099. When Jurors to be drawn; what officer to attend drawing. 1100. Notice of drawing.

1101. Proceedings if officers do not appear.

1103. When jury to be drawn on adjourned day.

8o. 1103. Mode of drawing; minute; lists.

1104. Id.; where term consists of two or more parts.
1105. Commissioner may issue notice to jurors drawn.
1106. Sheriff to notify jurors and make return.

1107. Clerk of court to certify as to mode of service.

1108. Court may order new panel to be drawn during term.

1109. Court of record to fine juror for non-attendance; power to remit fine.

1110. Juror may also be arrested and compelled to serve.

1111. Jurors for district courts; how selected; punishment for non-attendance; clerk's duty; penalty for neglect.

1112. Sheriff's jury; how selected, etc.

1113. Remitting and enforcing jury fines.

1114. Board for enforcement of jury fines; proceedings before it.
1115. General powers of board.

1116. Commissioner to issue warrant to collect fines; sheriff's
powers and duties thereupon.

1117. Uncollected fines to be docketed, and enforced as judgments. 1118. Commissioner to receive fines, etc. His account; how ren

dered and settled.

1119. Corporation attorney to prosecute for penalties; compromise, etc., of action.

1120. Penalty, for physician giving false certificate.

1121. Persons required to furnish information; penalty for refusal,


1122. Punishment for bribery of officer, etc., by Juror drawn.
1123. Id.; for officer accepting bribes, etc.

1124. Id.; for concealing offer to take bribe, etc.
1125. False swearing; when perjury.

81079. Qualifications of trial jurors.

In order to be qualified to serve, as a trial juror, in a court in the city and county of New-York, a person must be:

1. A male citizen of the United States, and a resident of that city and county.

2. Not less than twenty-one, nor more than seventy years of age.

3. The owner, in his own right, of real or personal property, of the value of two hundred and fifty dollars; or the husband of a woman who is the owner, in her own right, of real or personal property of that value. 4. In the possession of his natural faculties, and not infirm or decrepit.

5. Free from all legal exceptions; intelligent; of Bound mind and good character; and able to read and write the English language understandingly.

From L. 1870, ch. 539, 8 4 and 5, and subd. 1 of 6, am'd.

[ocr errors]

§ 1080. Who deemed a resident. A person dwelling or lodging in the city and county of New-York, for the greater part of the time, between the first day of October and the thirtieth day of June next thereafter is a resident of that city and county, for that jury year

within the meaning of the last section; and it is not necessary, that he should have been assessed, or should have voted there.

L. 1870, ch. 539, part of 4. See, also, L. 1847, ch. 495, § 1.

1081. Persons exempt from service. Either of the following persons, although qualified, is entitled, to an exemption from service, as a trial juror, upon his claiming an exemption, as prescribed in this article:"

1. A clergyman, or a minister of any religion, officiating as such, and not following any other calling.

2. A practicing physician, surgeon, or surgeon dentist, having patients requiring his daily professional attention, and not following any other calling; and a licensed pharmaceutist or pharmacist while actually engaged in his profession as a means of livelihood.

3. An attorney or counsellor at law, regularly engaged in the practice of the law, as a means of livelihood.

4. A professor or teacher in a college, academy, or public school, not following any other calling, or an editor, editorial writer, or reporter of a daily newspaper regularly employed as such and not following any other vocation. In effect September 1, 1890.

5. The holder of an office, under the United States, or the State, or the city or county of New-York, whose official duties, at the time, prevent his attendance as a juror.

6. A consul of a foreign nation.

7. A captain, engineer, or other officer, actually em ployed upon a vessel, making regular trips; or a licensed pilot, actually following that calling.

8. A superintendent, conductor, or engineer, employed by a railroad company, other than a street railroad company; or a telegraph operator, employed by a telegraph company; who is actually doing duty in an office, or along the railroad or telegraph line of the company, by which he is employed.

9. A grand juror, or a sheriff's juror, for the year. selected pursuant to law.

10. Any officer, non-commissioned officer, musicia or private, actually serving in a brigade, regiment, battalion, company, or troop, of the old guard of the city of New-York or of the national guard of the State, uniformed and equipped, according to law, and faithfully performing his duty, by making the parades, and attending the drills, inspections, and reviews, required by law; or a general or staff-officer, actually performing duty as such; or a person who has been

« ПретходнаНастави »